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Possession of Chloroquine or HydroxyChloroquine

Hydroxychloroquine (brand name Plaquenil) and other variants of the malaria drug Chloroquine have been touted as a possible treatment for the coronavirus COVID-19.  However,  such studies remain unproven.

The Ohio Board of Pharmacy recently moved to ban pharmacists from filling prescriptions for these medications without a valid, proven, positive COVID-19 test. This is to prevent hoarding of the drug as a supposedly preventative measure against getting the virus, which is again, an unsubstantiated claim.

Under Ohio law and federal drug schedules, Hydroxychloroquine is not listed as a controlled substance. So you are not at risk or a drug conviction for possession of Hydroxychloroquine. However, it is illegal to have someone else’s prescriptions.

The Ohio Board of Pharmacy regulations are not part of the criminal code but do have the force of law. Recently the Board fined a medical provider $480,000 for excessive dosing of patients that lead to 25 deaths.

Ohio “Sexting” & Sex Offense Reform

Sexting reform has been a hot topic for years, but Ohio legislators are finally moving to take felony charges and mandatory sex offender registration off the table for teens.

Ohio House Bill 355, which was unanimously approved by the full state house will give prosecutors the option for less severe penalties for teens who consensually exchange explicit photos, according to the Sandusky Register.

According to the details of the bill, anyone under 19 when caught sending or receiving nude photos, or of someone less than 4 years younger than the offender would have other, lesser possible criminal penalties. The new offense of “possession of sexually explicit digital material” would only be a first-degree misdemeanor, with a penalty of 8 hours or community service. A judge would have the option for a greater punishment if she deems it necessary. [Read more…]

Annie’s Law will increase use of ignition interlock devices in drunk driving cases

Governor John Kasich signed House Bill 388, known as  “Annie’s Law” into effect which will increase use of ignition interlocks in drunk driving cases in Ohio.

The new legislation gives judges the discretion in first offense drunk driving (OVI) cases to:

  1. Reduce a driver’s license suspension down to 6 months to 1 year;
  2. In exchange for the driver using an ignition interlock device on his or her vehicle at all times.

[Read more…]

Filed Under: OVI

Medical Marijuana Gets Strong Push in Ohio

Is medical marijuana legalization inevitable in Ohio? It is starting to look that way.

Opponents are in the minority, and are fighting a two-front war against a growing ballot initiative,and direct action by the state legislature.

Rep. Bob Hagan (D) has introduced legislation that would allow patients to grow their own medicine or designate a caregiver to grow their marijuana for them. Similar laws exist in 21 other states, and more are joining them.

If the lawmakers don’t do it, the people may, as advocacy groups are gearing up for petition drives that would put a medical marijuana initiative on the November ballot. The Ohio Cannabis Rights Amendment would allow approved patients to grow marijuana and give farmers the right to produce hemp.

ohio30outof40The Ohio Rights Group just announced that they’ve got enough signatures collected in 30 of Ohio’s 44 counties to get on the ballot this November.

Some are critical of the Amendment, saying the wording is vague. As written, it would allow those diagnosed with AIDS, cancer, Alzheimer’s, and epilepsy access, but also those with severe pain, depression, muscle spasms, and “any additional medical condition”.

“Everybody has a diagnosis of something,” said Marci Deidel of Ohio Drug Free Action Alliance. “When I read that ballot language to me it’s basically full legalization.”

In order to get the Amendment on the ballot, we will need more than 385,000 signatures by July 2. It will take a serious effort from advocacy groups, who plan on aggressively targeting voters as they come out of next month’s primary election booths.

News Debate Goes Viral

What happens when you hold a debate on the legalization of marijuana and the person opposed doesn’t show up? That sort of what the Dayton City Paper was wondering when they took out two pages of a recent issue to dedicate to the cannabis debate and they couldn’t find someone to write in opposition.

A photo of the newspaper, one side filled with debate in favor of marijuana legalization and the other mostly empty with a small note from the editor, has gone viral and is a great example of what marijuana advocates think of opposition arguments.

ednote“On behalf of the Dayton City Paper staff, we apologize, but we were unable to locate a debate writer who was able to submit a view opposed to legalization of marijuana in Ohio at this time,” reads the editor’s note.

But there are people opposed—both to recreational marijuana and medical marijuana, the latter of which stands a chance of getting passed this year.

“We are in this to win it,” said Mary Jane Borden of Ohio Rights Group.  “We will do what it takes to win and we’ll choose our path depending on our best winning strategy.”

For now, however, marijuana possession remains against the law in Ohio no matter your diagnosis or situation.

 

 

Will Ohio Legalize Marijuana?

Supporters of marijuana reform in Ohio hope our state marijuana laws will change for the better, in line with the clear nationwide trend toward reform. But, it’s not likely Ohio will become the next to legalize recreational pot. Instead, medical marijuana may be the first change ushered in. [Read more…]

Drug Crimes, Non-Violent Offenses Less Likely to End Up with Prison

Compared to 10 years ago, things are looking better for people accused of nonviolent offenses. Ohio judges are doing things differently and, in some counties, sending fewer people to prison. Add this to the number of alternatives available and the decreasing crime rate, and the state correction’s system is seeing one of the largest shifts in history. [Read more…]

Ohio Police Using Fake Drug Checkpoints

If you had drugs in your car and you saw a sign that police were conducting a drug checkpoint ahead, what would you do? Many people would simply exit or turn around before they reached the checkpoint. That’s what Mayfield Heights police are counting on as they use fake checkpoints to try and identify those people who evade them. But, their scheme may not be legal. [Read more…]

Silent Witness Blinks Faulty Eyewitness Testimony

In the majority of DNA exoneration cases, eyewitness testimony played a significant role in the wrongful conviction. In other words, though the testimony from a witness can be convincing to a jury, it’s unreliable. Human memory is fallible. While you would think this knowledge should lead to more careful application of such testimony, that simply isn’t the case. [Read more…]